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HomeMy WebLinkAboutAgenda Report - June 2, 2004 I-04 ERAGENDA ITEM 1" 4 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Discussion and Possible Action Regarding the Proposed Large -Scale Retail Initiative and Request by the Small City Preservation Committee for the Council to Place the Measure on the November 2, 2004 Ballot, with the Exclusion of the Reference to Outside Retail Areas MEETING DATE: June 2, 2004 PREPARED BY: City Clerk RECOMMENDED ACTION: That the City Council discuss and take action if desired regarding the proposed Large -Scale Retail Initiative and request by the Small City Preservation Committee for the Council to place the measure on the November 2, 2004 ballot, with the exclusion of the reference to outside retail areas. BACKGROUND INFORMATION: This item appears on the agenda at the request of Mayor Hansen. On March 17, 2004, Council voted to add Chapter 17.58 to the Lodi Municipal Code regarding design standards for large retail establishments. At this meeting, lengthy public comment and discussion occurred pertaining to the proposed Wal-Mart Supercenter project and the topic of large retail establishments in general. On April 7, 2004, Council considered the following agenda item: Discussion and appropriate action regarding 1) placing a ballot measure establishing "Big -Box" size limits on the November 2, 2004, ballot, 2) establishing a `Big -Box" size limit for the ballot measure; and 3) placing a moratorium on `Big -Box" retail pending the results of a November 2, 2004 ballot measure. Lengthy public comment and discussion also occurred at this meeting pertaining to the proposed Wal-Mart Supercenter project and the topic of large retail establishments in general. Pages 11 and 12 (Exhibit A) of the minutes for this meeting contain the motion(s) and vote related to this item. On May 19, 2004, under Item F, Comments by the Public on Non -Agenda Items, Betsy Fiske, Chair of the Small City Preservation Committee, submitted a document (Exhibit B) outlining four choices for Council to consider regarding the proposed Large -Scale Retail Initiative. In addition, a copy of the petition was submitted (Exhibit C) highlighting four identical sentences in the proposed text of the measure: "For the purposes of this subsection, the term 'gross floor area' shall include outside retail areas." The Committee suggests (in choice 3) that this language be omitted and that Council (in accordance with California Elections Code Section 9222) place the measure on the November 2, 2004 ballot. Following discussion, Mayor Hansen asked that the Committee's request be placed on the June 2, 2004 City Council agenda. FUNDING: Dependent upon action. � JB usan J. Blackston, Ity Clerk SJB/jmp Attachments APPROVED: City Manager council/councom/BigBoxl nitiative2.doc Coafinued,,,ipril 7, 2004 9@9 This in fact did take place, and there was no further opposition. He asked Council and the public to consider what the real issues are. He found it ironic that eight years ago Council was considering whether to place a minimum size of 50,000 square feet on retail establishments in what was then called the "Four Corners" shopping center. Mr. Land stated that he would support a moratorium if the initiative qualifies for the ballot, but in the meantime projects should be allowed to move forward through the process. Mayor Pro Tempore Beckman noted that shortly after he asked that this item be placed on the agenda, the Small City Preservation Committee filed its intent to circulate a petition. He had suggested a size limit of 60,000 square feet; however, the Committee believed it to be too extreme. He originally saw this as an opportunity for Lodi to define itself as a small town. He believed the 100,000 square foot size limit was not the right choice, and that the requirement for any business over that size to first go through a public vote is bad business. Mr. Beckman stated that he would oppose the ballot initiative, Council Member Hitchcock reported that Wal-Mart is the largest political action committee in the United States, It has contributed to 49% of all of the sitting legislators on the federal level, Wal-Mart had the largest corporate profit in the United States last year at $245 billion, Ms Hitchcock noted that they have the potential to make an impact, and she is trying to explore whether it is positive or negative. She expressed a desire to have more information on analysis by cost benefits to the City. She supported the matter going to a public vote through the initiative process and placing a moratorium on projects until the election results are known. She expressed concern about the added expense of conducting a special election. In answer to Council Member Hitchcock, City Clerk Blackston explained that if the initiative proponents are successful in obtaining signatures from 15% (3,950) or more of the registered voters in the City of Lodi, it would qualify for a special election to be held not less than 88 days nor more than 103 days after the date the Council orders the election: whereas, 10% (2,634) would qualify the petition for the next regular election. She noted that the initiative proponents have 180 days from the date of receipt of the ballot title and summary to collect the signatures. In response to Council Member Hitchcock, Interim City Attorney Schwabauer reported that there is case law that indicates a moratorium can only apply to the final act of project approval. Mayor Hansen did not think that government should interfere with the free enterprise system. He pointed out that Food for Less is building the Rancho San Miguel Market on the east side, which will compete with smaller businesses near that location. Now that a store may compete with Food for Less it has an issue with the size, etc. He recalled that when Food for Less first came to Lodi no one thought it was the City's obligation to protect the jobs of employees of existing grocery stores. He believed that large retail projects should be allowed to continue through the process with final approval contingent upon the outcome of the vote. He suggested that whether or not the required number of signatures are obtained by the initiative proponents, the matter should go before a vote of the people in November, INOMM Council Member Hitchcock made a motion, Hansen second, that Council not place a measure establishing big -box size limits on the November 2, 2004, ballot, but to support citizens bringing forward an initiative. Q_JSQJSSIQN;. Interim City Attorney Schwabauer believed it was premature of Council to make a decision about the proposed initiative prior to it being filed and verified. C�winued April � 2004 Mayor Pro Tempers Beckman and Council Members Howard and Land expressed agreement with Mr. Schvvabauer'astetmrn*ni AAW The motion failed by the following vote: Ayes: Council Members — Hitchcock and Mayor Hansen Noes: Council Members — Beckman, Howard, and Land Absent: Council Members ~None Council Member Hitchcock made * motion, Beckman second, \oimpose omoratorium on final approval for big -box retail (100,000 square feet or greater) until voters take a position nnthe iooueatanelection, 'or which the citizen initiative qualifies. : Mayor Hansen asked ifthe initiative passed, whether itwould prevent the expansions of existing businesses, Mr, 8*hvvmhauormns,vormd in 'he oKinnnkivV' explaining that when an existing business applies for apermit, itwould lose its grandfather status. Community Development Director 8m,tlann agreed, noting that the planned Target expansion, which is anticipated to be ready for approval prior to Nuvo/nbmr' would be delayed or prevented from occurring if the initiative passed. The motion under consideration would allow processing of the application to continue; however, it would not bmscheduled for mhearing. |nhis opinion the initiative would not affect the proposed rwrnodo| and expansion of the Rm|oy's o/ Lakewood Mu|| because neither has over 1100.000square foot uses, |twould effect the application for the Target expansion and proposed Wal-Mart Supercenter, RECESS At 3OT pm, Mayor Hansen mU|od for roueou' and the City Council noeuUog rwonnvon*V at REGULAR CALENDAR (Continued 1-5 Interim City Attorney Schwbaurrstated that pursuant toGovernment Code §65858, in (Cvord) order \oadopt on in8ohnn ordinance Council must make nfinding that there inacurrent and immediate threat \uthe public health, safety, orwelfare and that the approval of additional subdivision, use permits, variances, building permits, or any other applicable entitlement for use, which is required in order to comply with a zoning ordinance, would result inthat threat tupublic health, safety, urwelfare. Hesuggested that Council allow hino an opportunity to t*noo back with draft language for the ioto,irn ordinance and recommended that it be considered following a public hearing. He noted that an interim ordinance requires a4/5vote tupass. In answer to Mayor Hansen, Mr. Barflam explained that approvals on projects are final at the Planning Commission level unless appealed iothe City Council. Staff would not schedule a public hearing before the Planning Commission if a moratorium was in place because there would be no point in holding a public hearing without the ability to take final action. Discussion ensued on various scenarios and Unnm1inao to qualify u petition for the November ballot or8}raspecial election, 12 May 19, 2004 EXHIBIT B Perceived Four Choices for L,odi's Sensible Scale and Character Initiative 1) The initiative is placed on the ballet as is, with the City acknowledging that the intention of the Small City Preservation Committee is that it dues not apply to car dealerships and, if it passes, advising the Community Development Director of same, 2) the initiative is placed on the ballot as is and any retail businesses over 125;000 sq. ft., including car dealerships, would require voter approval, 3) which is our preference, the City amends the language of our initiative to exclude `outside retail areas" and places it as a measure on the ballot, or 4) and most undesirable, our group has the language amended and we start all over again, collecting signatures, and proceed to a special election which will cost upwards of $92,750. That's $3.50 per voter for all 26,500 plus registered voters in Lodi, according to the County Registrar's office. Betsy Fiske Chairwoman, Small City Preservation Committee 9 J IBIT C INITIATIVE MEASUR TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE- LA LARGE-SCALE LE +TAIL INITIATIVE nmary by City attorneys The Large -Scale Rattail Initiative is a land Esse initiative containing nendments to the Lodi General Plan and the Lodi Zoning Ordinance ('Title 17 of the Lodi Mui cipal Code). The Initiative would amend the Lodi Zoning Ordianannce to impose a maximum size taitaation of 125,004 square feet in gross floor area on retail structures within any zoning district the City of bora. The Initiative defines the term "gross floor area" to include outside retail cas, The Initiative also adds twenty-one recitals to the Zoning Ordinance, Under the Initiative, affronts for retail structures in excess of the size limitations would be subject to both review and aproval by the City Council and approval by the voters at a general election. In considering the vposed project, the City Council would be required to comply with the California Lnvironmen- 1 Quatlity Act (CEQA) and any other applicable law. If approved by the Coity Council, the pro - wed project would then be submitted to the voters at a general election. The Initiative also adds versions to the Lodi General Flan requiring compliance with and concerning implementation of is approval process. The Initiative prohibits the City Council from granting variances to the size agitations. Costs incurred by the City in conducting an election held for the purpose of approving, proposed retail structure in excess of the size limitaations established by the Initiative would be acne by the applicant for the prasject unless prohibited by law. The Initiative states that such ections shall be consolidated with other elections if feasible and permits multiple proposals on a rude ballot sea long as each proposal affecting a discrete property or development: project is listed a separate measure. The Initiative directs that any amendments to the Lodi Planning and ming C=ode adopted after April 16, 2044 that are inconsistent with the Zoning Ordinance anendments contained in the Initiative be amended as soon as possible to be consistent with the iitiative, The Initiative also authorizes the City Council to amend the Lodi General plan, the ming Ordinance, other City ordinances, and City policies to ensure consistency with the goals, gectives and policies of the Initiative, The Initiative states that it does not apply to. (1) projects at have obtained vested rights sander state or local law; and (2) land that is not subject to the cal initiative power. The Initiative states that it shall be interpreted broadly to achieve the phr- ases stated in the Initiative, and also that it shall be interpreted to be consistent with state and NOW, THEREFORE, the City of Lodi hereby ordains that:The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Cade, Districts and Map) is amended by the addition of 17.06.050ou, which shalt read as follows: "Retail structures in any district established by this title shall not exceed 125,000 square feet in gross floor area unless approved by the City Council and the voters in the next general election. The City shall not submit any application for a retail structure in excess of 125,000 square feet in gross floor area to the voters if the application has not first: been approved by the City Council, unless otherwise required by law. If, after compliance with the California Environmental Quality Act and any other applicable laws, the City Council approves and certifies the environmental impact report for a retail structure in excess of 123,000 square feet in gross floor area in any district established by this title the protem shall not become effective until approval by public vote in the next general election ' s `%Wo 41 � f , fiO� at ��€ l�F3dtft d,rf v The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by the addition ofthe fallowing Sections 17.36.035, 17,36,036,, 17.38.035, 17.39,036, 17.30.065, 17.30.046, which include but shall not be limited to these applicable districts. The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by the addition of Section 17.36.035, which shall read as follows: "Retail structures to the C-1 district shallnot exceed 125,000 square feet in gross floor area unless approved by the City Council and the voters in the next. general election, The City shall not submit any application for a retail structure in excess of 125,000 square feet in gross floor area to the voters if the application has not first been approved by the City Council, unless otherwise required by law. If, after compliance: with the California Environmental Quality Act and any other applicable taws, the City Council approves and certifiesthe environmental impact report for a retail structure in excess of 125,000 square feet in gross floor area lin any, district established by this title, the relent shall not become effective until apI'llproypt­11111,.by public vats in the neat general elecfian ...`iif15{?�r<�'taf1':tfor N tom, A77,7 The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) is further amended by the addition of Section 17.39.035, which shall read as follows "Retail structures in the C-2 district shall not exceed 125,000 square feet in gross floor area unless approved by the City Council and the voters in the next general election. The City shall not submit any application for a retail structure in excess of 125,000 square feet in gross floor area to the voters: if the application has not first been approved by the City Council, unless otherwise required by law. If, after compliance. with the California Environmental Quality Act and any other applicable laws, the City Council approves and certifies the environmental impact report for a retail structure in excess of 125,000 square feet in gross floor area In any district: established by this title, the prolect shall not become effective untll approval by public vote in the next general election ,tbtt{' 'P;}fi` ¢{fgkti,.,q "j'q`ag#',t3irfB"`sbOt=iii'0'detOPsidt&::' The Lode Zoning Ordinance (Title 1'T of the Lodi Municipal Code) is further amended by the addition of Section 17.30,045 which shall read as follows "Retail structures in the G•S district shall not exceed 125,600 square feet in gross floor area unless approved by the City Council and the voters in the next general election. The fifty shalt not submit any application for a retail structure in excess of 125,600 square feet in gross floor area to the voters if the application ha=t -not first been approved by the City Council, unless otherwise required by law. If, after compliance with the. California Environmental Quality Act and any other applicable laws, the City Council approves and certifies the environmental impact report for a retail structure in excess of 125,066 square feet in gross floor area in any district established by this title, the project shall not become effective until approval by public vote in the: next general election. The Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code is further amended by the addition of Sections 17.36.036, 17.39.036, 17.30.046, and 17.06.651 which shall read as follows: "Nothing is this: Chapter shall give the City Council the authority to grant a variance from the provisions of 17.36.035, 17.39.035, 17.30.045, and 'I 7.06.050(D) relating to tire maximum size of retail structures in any district established by this title, including but not limited to the C-1, C-2, and C -S Districts." The Lodi General Plan is amended by the addition of Policy 7 to Goal A which shall read as follows: 'The City shall promote preservation of Lodes small-town and rural qualities by ensuring that retail structures in excess of 125,000 square feet in gross floor area in any land use designation are approved by the City Council and a public vote in the next general election:' The Lodi General Plan is further amended by the addition of Policy 6 to Goal D which shall read as follows: "The City shall promote- and support Lodi's downtown development by ensuring that retail structures in excess of 125,000 square feet in gross floor area in any land use designation are approved by the City Council and a public vote in the next general election." The Lodi General Man is further amended by the addition of Policy 7 to Goal E which shall read as follows; "'the City Shelf support commercial use development to provide goods and services to Lodi residents and market area by ensuring that retail structures in excess of 125,000 square feet in gross floor area in any land use designation are approved by the City Council and a public vote in the next general election." The City of Lodes General Plan is hereby recorded to add the following Implementing Policy, Policy 17, to read as follows: "The City shall: prepare and implement the requirement for City Council and public voter approval of retail structures in excess of 125,000 square feet In gross floor area ht any district established by Lodi's General Plan and Zoning Ordinam e." To the Honorable Cleric of the City of Lodh We, the undersigned, registered and qualified voters of the City of Lodi, hereby propose an initiative measure to amend the City of Lodi's Zoning Ordinance, Lodi Municipal Code, Title 17; and General Plan. We: petition you to submit this measure to the City Council for adoption without change, or for the submission to the voters of the City of Lodi at the earliest regular or special election for which it qualifies, NOTICE IS HEREBY GIVEN by the persons whose names appear hereon of their intention to circulate the petition within the City of Lodi. The measure provides as forgave: Lodi's Sensible Scale and Character initiative The people of the City of Lodi do hereby ordain as follows: ��ogto Pi$#�osa a6 Etndinas a note the continuation of is to ensure that the retail development and :ity shall be subject to Findh gs. The people of the City of Lodi find that regulating size and bulk of retail stores, through this initiative, promotes the welfare, economy, and quality of life of the residents of Lodi, based upon the following: An important component of the. City of Lodi ismaintaining its unique character. Lodi's small-town and rural qualities are a valuable trait of the town. Large- scale retail stores detract from the community's character and aesthetics Large retail stores are usually located some distance away from residential neighborhoodsbecause they require large sites, which are usually found only in zones outside of the downtown area. Large-scale retail often consists of long, plain facades, a sea of parking and sparse landscaping The unique character of the City of Lodi and the quality of life enjoyed by City residents and makers depend: on the protection of the small-town and rural qualities. The protection of such attributes aids the continued viability of the city and brings mental and physical benefits from the broad protection of Lodi residents' quality of life. 2. Strengthening Lodi'sEconomy. It is important to have sensibly scaled retail stores in order to continue to strengthen and sensibly develop Lodi's existing economy. Lodi has a number of shopping centers providing the community with merchandise and services Large-scale retail stores affect existing shopping centers by causing: the existing stores to go out of business, thus destabilizing the shopping centers, and leaving empty, boarded -up buildings, which increase crime and blight. The surrounding area loses the merchandise and services offered by the existing businesses. Sometimes a large-scale retail company will closedown an existing store, and replace it with a superstore, which also results in a large, empty store. #. Ensuring Adequate Public Services for the City. There are negative impacts to not having sensibly scaled retail stores, including safety. Large-scale retail stores require significantly higher commitment of police, fire and public safety resources compared to smaller neighborhood stores. Usually large-scale stores tali to provide provisions for the pedestrians entering the store, it is often dangerous even to walk from the parking lot to the entrance of the store, with cars driving and maneuvering in the very large parking area. The larger stores :usually involve longer trips and generate more traffic in a concentrated area, and thus require improved street capacity in their iruntediate neighborhoods, The elderly, handicapped, and poor, who may not have access to larger retail stores because they are located at greater distances away from their neighborhoods due to the targe land acquisition requirements of the larger retail stores. C. Effect of Initiative. To achieve the above -stated purposes, this Initiative would amend the City of Lodi's Ordinance and General Pian to establish a limit on large-scale retail stores that exceed 125,006 square feet of gross floor area. Also, it would require that any targe -scale retail protect proposal containing commercial retail structures that exceed 125,000 square feet of gross floor area be subject to approval by the City City Council and a public vote in the next general election Exhibits, This Initiative does not have any exhibits attached but relies upon the design standards for large-scale stores recently adopted by the City. Whereas, the Lodi General Plan establishes a policy framework that forms the City of Lodi's strategy for retail; and Whereas, the Lodi General Plan and Zoning Ordinance recognize distinct types of shopping renters such as neighborhood/community commercial; general commercial; commercial shopping center; and downtown commercial; and Whereas, the Lodi General Plan estrionmes policies encouraging promoting downtown Lodi as the City's social and cultural center and an economically visible retail and professional office district, it promotes locating future commercial retail in downtown Lodi and preserving the existing small-town scaleand character of Lodi; and Whereas, General Plan policies promote and encourage vital neighborhood commercial districts that are evenly distributed throughout the city so that residents are able to meet their basic daily shopping needs at neighborhood shopping centers; and Whereas, the California Government Code also provides that in order for the ordinance to be consistent with the General Plan, the various land uses authorized by the ordinance should be compatible with the objectives, policies, general land uses, and programs specified at the General Plan; and Whereas, the Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code) has not kept pace with the evolution of the retail sector and fails to adequately distinguish the size, scale and scope of various retail activities; and Whereas, an emerging national trend exists toward increasing the size of retail stores and the diversity of products offered at such large-scale retail stores; and Whereas, the establishment of large-scale retail stores in Lodi is likely to negatively impact the vitality and economic viability of the city's neighborhood community commercial and downtown commercial centers by drawing sales away from traditional retail stores located in these centers; and Whereas, large-scale retail stores adversely affect the stability of small-scale, pedestrian -friendly neighborhood commercial areas, contributing to blight in these areas; and Whereas, given the city's current population of 60,000, there are currently adequate retail stores to support the market for large-scale rete l; and Whereas, the proposed amendments to the Zoning Ordinance and General Plan are intended to preserve the city's existing neighborhood-sertma shopping centers that are centrally located within the community; and Whereas, this distribution of shopping and employment creates a land use pattern that reduces the need for vehicle trips and encourages walking and biking for shopping, services, and employment; and Whereas, a significant concern with large-scale retail stores is that they combine neighborhood -serving retail in a more remote, reffional-seiving retail center which would result in the decline of rudghborhood-serving retail stores by consolidating their activity in 8 Stogie, outlying location; and Whereas, the remote location of large-scale retail stores means that local residents are forced to drive further for basic services such as groceries, and are forced to take longer and more frequent traffic trips to the regional commercial center to satisfy basic everyday needs, increasing overall traffiG and overburdening streets that were not designed to accommodate such traffic; and Whereas, the proposed amendments to Lodi's Zoning Ordinance and General Plan, by limiting large-scale retail stores, will prevent the negative transportation and related air quality impacts that establishment of such stores is likely to have: and Whereas, numerous local jurisdictions in the country and the State of California, taking all of the above considerations in mind, have enacted ordinances on new large retail stores over a certain size that either completely prohibit new retail stores over a certain size or require special impact studies; and Whereas, California jurisdictions that have recently enacted such regulations to help sustain the vitality of small-scale, more pedestrian,oriented neighborhood shopping districts include the Cities of Turlock, Santa Maria, San Luis Obispo, Arroyo Grande, Oakland and Martinez; and Whereas a potential discount superstate would directly contravene the approach the City's General Plan established for retail; and Whereas, the proposed regulations will place stricter controls on the establishment of, or conversion to large-scale stores and would prevent large-scale retail store with potential negative environmental impacts from being established in Lodi, but will not itself generate environmental Impacts or necessitate environmental review; and Whereas, the adoption of these regulations does not approve any development project nor does it disturb the physical environment either directly or Indirectly as the regulations modify the limitations of land use by limiting large-scale retail stores that exceed 125,000 square feet of gross floor area and require such projects be approved by the City Council and the citizens' votes in the next general election; and Whereas, requiring voter approval of land use development of large-scale retail stores that exceed 125,000 square feet of gross floor area will ensure opportunities for full public participation in decisions affecting future land use, quality of life, and character of the City of Lodi. A. Effective Date, As provided in Elections Code section 9217, this Initiative shall take effect ten days after the date on which the election results are declared by the City Council. Upon the effective date of this Initiative, the provisions of Section 2 of this Initiative are hereby inserted into the City of Lodi's Planning and Zoning Code and General Plan as an amendment thereof. B. interim Amendments, The City of Lodi's Zoning Code in effect at the time the Notice of Intent to circulate this Initiative was submitted to the City of Lodi Elections Official oil April 16, 2004 ("Submittal Date"), and the ordinances as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City of Lodi. In order to ensure that the City of Lodi's Planning and Zoning remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voter in enacting this Initiative are given effect, any provision of the Planning and Zoning Code that is adopted between the Submittal Date and the date that the Planning and Zoning Code is amended by this measure shall, to the extent that such interim -enacted provision is inconsistent with the Planning and Zoning Code provisions adopted by Section 2 of this Initiative, be amended as soon as possible and In the manner and time required by state law to ensure consistency between the provisions adopted by this Initiative and other elements of the Clips Planning and Zoning Code, C. Other City Ordinances and Policies. The City of Lodi is hereby authorized to amend the Planning and Zoning Code, other ordinances, the General Plan, and policies affected by this Initiative as soon as possible and in the manner and time required by any applicable state law to ensure consistency between goals, objectives and policies adopted in Section 2 at this Initiative and other elements of the City's Planning and Zoning Code, General Plan, all community and specific plans, and other City ordinances and policies. Seof4on4 Exo€eeultcansPor Ceela6n Pr®iasis This initiative shut not apply to any of the following; (t) any project that has obtained as of theeffective date of the Initiative a vested'. right pursuant to state or local law, (2) any land that, under state or federal law, is beyond the power of the local voters to affect by the indlatlee power reserved to the people via the California. Constitution. Except for the renewal or repeat of this Article, any direct or Indirect Goats to the City of Lodi caused bythe elections mandated by this Article shall be borne by the applicants for the large-scale development project in excess of 126,000 square Peet, unless otherwise:: prohibited by state law. Elections mandated by this Article shall be consolidated with other elections, whenever feasible. Different proposals may appear on the same ballot at the some election provided that each separate proposal affecting a discrete property or development project shall be submitted to the voters as a separate measure. t n �8vesabt4fiv seed Iraieegrefaiian This Initiative shall be interpreted so as to be consistent with all federal and stats laws, rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Initiative. The voters hereby declare that this Initiative, and each section, sub -section, sentence, clause, phrase, pelt or portion thereof would have been adopted or passed even if one or more more sections, sub -sections, sentences,: clauses, phrases, parts, or portions are declared invalid or unconstitutional. if any provision of this Initiative is held invalid as applied to any: person or circumstance, such invalidity shall not affect any application of this Initiative that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this Initiative. 5emi3a9JS 7 .aaswandme¢ai nr �oat� Except as otherwise provided herein, this Initiative may be amended or repealed only by the voters of the city of Lodi. Elizabeth M. Fiske 727 S. Lee Ave. Lodi. CA 95244 Glenda Hesseltine 727 Brandywine Dr Lodi, GA 95240 Walter Pees 2421 Diablo err. Lodi, CA 95242 INITIATIVE A.SURE TO BE SUBMITTED DIRECTLY TC) THE VOTERS "'he City Attorney has prepared the following title and surninary of the chief purpose and points of the proposed measure: Cl`I i 1:e I AIL -SC ALS I2f iAII I TIAT'I ` unimary by City Attorney: The Large-Scale Retail Initiative is a land use initiative containing amend- ennts to the Lodi General Plan and the Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code). he Initiative would amend the Lodi Zoning Ordinance to impose a maximum size limitation of 125,000 ganare feet in gross floor area on retail structures within any zoning district in the City of Lodi. The initiative defines the term "gross floor area" to include outside retail areas. The Initiative also adds enty-one recitals to the :honing Ordinance. Under the Initiative, proposals for retail structures in ekes I the size limitations would be subject to both review and approval by the City Council and approval by Ile voters at a general election. In considering the proposed project, the City Council would be required o comply with the California Environmental Quality Act (C EQA) and any other applicable. lase. If ap- roved by the City Council, the proposed project would thein be submitted to the voters at a general lection. The initiative also adds provisions to the Lodi General Ulan requiring compliance with and oncerning implementation of this approval process. The Initiative prohibits the City Council from grant- ing variances to the size limitations. Costs incurred by the City in conducting an election held for the narpose of approving a proposed retail structure in excess of the size limitations established by the Initia- tive would be borne by the applicant for the project unless prohibited by law. The Initiative states that nch elections shall be consolidated with other elections if feasible and permits multiple proposals on a ingle ballot son long as each proposal affecting a discrete property or development project is listed as a eparsate measure, The Initiative directs that any amendments to the Lode Planning and Zoning Code adopted after April 16, 2004 that are inconsistent with the :Coning Ordinance amendments contained in he Initiative be amended as scion as possible to be consistent with the Initiative. The Initiative also autho �izes the City Council to annend the Lodi General flan, the Zoning Ordinance, other City ordinances, and 'ity policies to ensure consistency with the goals, objectives and policies of the initiative. The Initiative tater that it does not apply to: (1) projects that have obtained vested rights under state or local law; and 2) land that is not subject to the locant initiative power. The Initiative states that it shall be interpreted madly to achieve the purposes stated in the Initiative, and also that it shall be interpreted to be consis- ent with state an federal law, I HIS PETH ION MAYBE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE: PuGHT 'm ASK. THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER RIAN Qt_;AL,IFICA 'ION OF THIS MEASURE FOR THE BALLOT IS AMISDEMEANOR. CC)MPL AIN`I'S ABOUT THE. MISUSE, OF YOUR SIGNATURE- MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE, ( All signers of this petition adusi be registered to vote in the City of Lodi. Sip Name Residence Address Only Ern• Clerks d ..�._ Use Only Print Name City SEgu P'anaa Residewo Addreas Only For Clerks Use Only Sip Name Residence Address Only For Clerks 3 _ Use Only Prim Name city Sign Name Residence Address Only For Cletics Use Only Pant Name City _ Sign Nanta Residence Addtesn Only For Clerks F-g-----M- -- _ Use Only Print Neme City Siyef Nairte RoSidenca Address Only For Clerk's Use Only Y¢int Nance _ City 2- sr INITIATIVE MEASUR TOBUSUBMITTED 01 E LY A HE V A EB4 The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: LARGE-SCALE RETALL IN TIAT - `uitimaiT by City Attorney: The Large -Scale Retail Initiative is a laced use initiative containing amend- ents to the Lodi General Flan and the Lodi Zoning Ordinance (Title 17 of the Lodi Municipal Code), he Initiative would amend the Lodi Zoning Ordinance to impose a maximum size limitation of 125,000 quare feet in gross floor area on retail structures within any zoning district in the City of Lodi. The nitiative defines the term "gross floor area" to include outside retail areas. The Initiative also adds enty-one recitals to the Zoning Ordinance. Under the Initiative, proposals for retail structures in excel f the size limitations would be subject to both review and approval by the City Council and approval by lie voters at a general election. In considering the proposed project, the City Council would be required o comply with the California Environmental {duality Act (CEQA) and any other applicable lase. If ap- roved by the City Council, the proposed project would then be submitted to the voters at a general lection„ The Initiative also adds provisions to the Lodi General Flan requiring compliance with and oncerning implementation of this approval process, The Initiative prohibits the City Council from grant - ng variances to the size limitations. Costs incurred by the City in conducting an election held for the urpose of approving a proposed retail structure in excess of the size limitations established by the Icntia- ive would be borne by the applicant for the project unless prohibited by law. The Initiative states that "arch elections shall be consolidated with other elections if feasible and permits multiple proposals on a ingle ballot so long as each proposal affecting a discrete property or development project is listed as a epaaratte measure.The Initiative directs that any amendments to the Lodi planning and Zoning Code dopted after April 16, 2004 that are inconsistent with the Zoning Ordinance amendments contained in he Initiative be amended as soon as possible to be consistent with the Initiative, The Initiative also autho °izes the City Council to amend the Lodi General flan, the Zoning Ordinance, other City ordinances, and Aty policies to ensure consistency with the goals, objectives and policies of the Initiative. The Initiative tates that it does not apply to: (1) projects that have obtained vested rights sander state or local law; and V2) land that is not subject to the local initiative power. The Initiative states that it shall be interpreted rnadly to achieve the purposes stated in the Initiative, and also that it shall be interpreted to be consis- tent with state and federal law. THIS PETITION MAY EB w CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU RAVE T _a RIGHT TO ASK. THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER TIIAN QUA AFICArION OF THIS MEASURE FORTHE BALLOT IS A MISDEMEANOR, ( COMPLAINTS ABOUT THEMISUSE OF YOUR SIGNATURE MAY BE MADE TO THE i SECRETARY OF STATE'S OFFICE. Ail signers of this petition trust be registered to vote in the City of Lodi. sign Name Residence Address Only For Clerks i— _ Use Only Print Ntune City Sign Name Residence Addre&s Only For Clerks R Use Only Front Naim ,._.....�.....,.,�..®. city Sign Name Residence Address Only For Clines 9 Use Only Print too= ._....,m—_.�_ City Sign Name Residence Address Only Por Clerks `d Use Only Fant shine City DECI..ARNTION OF CIRCULATOR residing at _ _ _ circulated the petition and witnessed the appended signatures being written That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. I declare that i am a voter or am qualified to register as a voter of the state. The signatures were obtained between _ 20 _, and 24_ l certify (or declare) under he penalty of perjury tinder the laws of the State of California that the foregoing is true and correct. Executed by nue at -- --- -- — on --- -- — — -- — 20. (Signau re of Circulator) L ITEM 1-4 All of the attached communications pertain to the issue of the Large -Scale Retail Initiative and were received subsequent to Council Members' mail delivery on Tuesday, June 1, 2004. (Excerpt from City Clerk's procedure for handling Council Communication — related to the definition of "Blue Sheets".) "Blue Sheets" Communication to the City Council pertaining to an item on the current agenda that was received after the last mail delivery to Council Members, is copied on blue paper with the corresponding agenda item number identified at the top right corner. This communication is placed on the Council dais alongside the agenda for review by Council Members prior to the item discussion. Blue sheets are also distributed to the City Manager, City Attorney, other affected departments, the press table, and are included in the "blue sheet" binder on the public information table in the Carnegie Forum on the day of the meeting. Page 1 of 2 Jennifer Perrin --- ---- ---- From: Susan Blackston Sent: Wednesday, June 02, 2004 2:55 PM To: 'Sue and Olen McCombs' Cc: City Council; Dixon Flynn; Rad Bartlam; Steve Schwabauer Subject: RE: BIG BOX INITIATIVE Dear Sue Mccombs: This reply is to confirm that your message was received by the City ClerKs Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Susan J. Blackston, City Clerk ---Original Message ----- From: Sue and Olen McCombs [mailto:olen-sue@softcom.net] Sent: Wednesday, June 02, 2004 2:50 PM To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Subject: BIG BOX INITIATIVE Just a couple of comments on your decision whether the City Council puts the Big Box Initiative on the ballot for November. Let's face it, this is not an anti "Big Box"initiative. It is an anti "Wal Mart" initiative. The city will be taking sides and appearing to throw support totally behind the vote to ban Wal Mart. Just changing this to exclude car dealerships really narrows it down, is not fair to other businesses and causes great problems for those who might want to expand or build in Lodi in the future. That is why we have a planning commission. Wal Mart parking lot is overcrowded and the store congested and will be more so as the Lodi population grows. Now we will have 1700 more homes just south of Wal Mart and more on the east side but no one talks about keeping Lodi small" when it comes to that. If you take half of the people in all these new homes and assume they might shop at Wal Mart and other stores in that area, we are going to need adequate space. Another point is that should this committee be successful in defeating "big -box" in general, there is the possibility that Wal-Mart might build in northwest Stockton. If that is the case, you would see a great number of Lodi and Rio Vista shoppers head there to a beautiful, roomy place to shop. We have had to drive to Stockton for years to Home Depot and Lowes for supplies that cannot be found at Orchard, so it is logical that we would drive a few miles to shop in a more convenient, clean and modern Wal Mart. And there goes more tax money! Thanks for letting me have my say again. Sue Mccombs 6/2/2004 Jennifer Perrin From: Jennifer Perrin Sent: Wednesday, June 02, 2004 8:45 AM To: 'Gary Hanna'; Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: wal-mart supercenter Dear Gary & Sharon Hanna: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk --Original Message ----- From: Gary Hanna [mailto:thundrrd326@msn.com] Sent: Wednesday, June 02, 2004 8:42 AM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: wal-mart supercenter Dear Honorable City Council This letter is in regards to the Wal-Mart supercenter store to be built. 1) I don't feel the council should be involved in drafting ang thing that has to do with a legal challenge as you are setting a precedent and will make it something that any time someone has an issue, they will expect the city to pay legal cost. 2) I also don't see how you can seperate one type of business from another concerning square footage. Either, allow the project or not. Don't play favorites. 3) If we need to bring everything to a vote to make a decision on projects, why do we need a city council ?? lets just pass ballots out and vote on everything. Thank You Gary & Sharon Hanna 708 Lincoln St Lodi, Calif. 95242 Watch the online reality show Mixed Messages with a friend and enter to win a trip to NY http://www.msnmessenger-download.click-url.com/go/onm00200497ave/direct/O1/ 1 Page 1 of 1 Jennifer Perrin — _—_—_— --- .------ From: Jennifer Perrin Sent: Wednesday, June 02, 2004 8:29 AM To: 'Eileen St Yves'; Emily Howard; Susan Hitchcock; John Beckman; Keith Land; Larry Hansen Cc: Janet Keeter; Dixon Flynn; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: 6-2-04 Agenda Dear Eileen St.Yves: This reply is to confirm that your message was received by the City Clerk's office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: Eileen St Yves [mailto:emstyves@softcom.net] Sent: Wednesday, June 02, 2004 8:09 AM To: Emily Howard; Susan Hitchcock; John Beckman; Keith Land; Larry Hansen Cc: Janet Keeter; Dixon Flynn Subject: 6-2-04 Agenda Members of the Council and Staff, Food for thought; If you have a moment and yesterdays Sentinel (6-1-04 Please read the headline, Council could decide fate of Wal-Mart drive, City budget that may sl jobs to be discussed also. First word in article "Doomsday" depending solely upon your decis You cannot have it both ways. Kill the business, and terminating jobs is a guarantee. Allowing a small group with out verification of signatures to decide the fate of other peoples' income is shameful. We will be making our "contribution" to the state for three budget years at least. This community is 35,000 people too late to keep it's small town flavor. Eileen St.Yves 368-2111 6/2/2004 Message Page 1 of 1 Jennifer Perrin ___—_---------- From: Jennifer Perrin Sent: Wednesday, June 02, 2004 10:11 AM To: 'Ed and Sue Leveroni'; Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: June 2nd Meeting Dear Susan Leveroni: This reply is to confirm that your message was received by the City Clerk's office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk ---Original Message ----- From: Ed and Sue Leveroni [mailto:edandsue@softcom.net] Sent: Wednesday, June 02, 2004 9:59 AM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: June 2nd Meeting City Council members: Please vote tonight on putting a measure on the November ballot regarding the size of buildings (re: Wal-Mart) in Lodi. The citizens of Lodi deserve to vote on this measure. We don't need you to waste any more of our money. Past mistakes have taken their toll on us already. Thank you. Susan Leveroni (Lodi citizen) 6/2/2004 Jennifer Perrin From: Jennifer Perrin Sent: Wednesday, June 02, 2004 8:09 AM To: 'Betfiske@pacbell.net'; City Council Cc: Dixon Flynn; Janet Keeler; Steve Schwabauer; Rad Bestion Susan Blackston Subject: FW: Wal -Mart's Annual Meeting 6/4 Shareholders Question Dear Betsy Fiske: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk --Original Message ----- From: Betsy Fiske [mailto:betfiske@pacbell.net] Sent: Tuesday, June 01, 2004 8:59 PM To: Larry Hansen; John Beckman; Emily Howard; Keith Land; Susan Hitchcock Subject: Wal -Mart's Annual Meeting 6/4 Shareholders Question The attached link is to an article about "Who's sharing in Wal -Mart's success?" a question that shareholders will be asking Wal-Mart executives at the annual meeting held in Fayetteville, Arkansas on June 6th, 2004. The question is being raised by Responsible Wealth, a network of affluent Americans who are concerned with the growing wealth divide in America and promote widely shared prosperity. The article contains some very important information for the Lodi community and I hope that you'll take the time to read it before tomorrow night's city council meeting. Thank you. Betsy Fiske http://www.commondreams.org/news2004/0528-04.htm 1 Page 1 of 1 Jennifer Perrin --- _-------------------- From: Jennifer Perrin Sent: Wednesday, June 02, 2004 8:06 AM To: 'famoster'; Susan Hitchcock; Keith Land; Larry Hansen; John Beckman; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: Wal Mart Dear Roger Oster: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk ---Original Message ----- From: famoster [mailto:famoster@softcom.net] Sent: Wednesday, June 02, 2004 6:55 AM To: Susan Hitchcock; Keith Land; Larry Hansen; John Beckman; Emily Howard Subject: Wal Mart Well another small business is closing (Cottage Bakery). With Togo's and Alexander's closed, it seems the small business owners really want our business. This shows the general public just what small business really wants. They have higher prices and if the public does not pay them then they close. Let Wal Mart build their superstore. We need a place to shop for better prices, and the city need the income from sales taxes. Roger Oster 6/2/2004 Page 1 of 1 Jennifer Perrin From: Susan Blackston Sent: Wednesday, June 02, 2004 7:16 AM To: 'Jeffrey Henderson' Cc: City Council; Dixon Flynn Subject: RE: Large Scale Retail Initiative Dear Jeff and Susan Henderson: This reply is to confirm that your message was received by the City Clerks Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the City Manager for informational purposes. Thank you for expressing your views. /s/ Susan J. Blackston, City Clerk ---Original Message ----- From: Jeffrey Henderson [mailto:jeffrey-henderson@sbcglobal.net] Sent: Tuesday, June 01, 2004 8:42 PM To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Subject: Large Scale Retail Initiative Dear Council Members; We would like to request that you would please place the Large -Scale Retail Initiative on the November ballot. We believe that as a council you would act in the best interest of the City of Lodi if you make any corrections needed, as requested by the Small City Preservation Committee, so that the city would not have to bear the expense of an unnecessary special election. We feel that the citizens of Lodi have united to make their voices heard in this issue and that you have the responsibility to act in their best interest. Respectfully yours, Jeff and Susan Henderson 2639 Alder Glen Drive Lodi, CA 95242 369-0560 6/2/2004 Page 1 of 2 Jennifer Perrin From: Susan Blackston Sent: Wednesday, June 02, 2004 7:19 AM To: 'jenn_matt@sbcglobal.net' Cc: City Council; Dixon Flynn Subject: RE: Big Box Dear Matthew Lorentzen: This reply is to confirm that your message was received by the City ClerKs Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the City Manager for informational purposes. Thank you for expressing your views. /s/ Susan J. Blackston, City Clerk ---Original Message ----- From: jenn_matt@sbcglobal.net [mailto:jenn_matt@sbcglobal.net] Sent: Tuesday, June 01, 2004 8:56 PM To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Subject: Big Box I find it ironic that so many of Lodi's residents that moved here in the 1950's because Lodi had reasonable housing and was a nice community could not afford to do so today unless they commuted out of town for a job. Don't let Lodi remain stagnant for the 40 year old and older crowd. The American way is honest American business and growth, including "Big Box." The up and coming families need a full service community with full services, not just a boutique city where we always have to drive everywhere for services. In reference to the ballot initiative, the people voted for you so you could make the tough decisions. If we wanted decisions such as these to always be put on the ballot, we wouldn't need a city council, just a monthly election so all voters could make all decisions. The group against "Big Box" is obviously poorly organized and didn't do their research. This will be a good learning experience for them. However, the city council is not in place to bail them out after their poorly written and discriminatory agenda. Matthew Lorentzen One S. Sunset Dr. Lodi, CA 339-9298 6/2/2004 Correct Error on Initiative Page 1 of 1 Jennifer Perrin ------- From: Jennifer Perrin Sent: Tuesday, June 01, 2004 4:04 PM To: 'Julie Cantrell'; Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: Correct Error on Initiative Dear Julie Cantrell: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk ---Original Message ----- From: Julie Cantrell[mailto:jantrell@freemanfirm.com] Sent: Tuesday, June 01, 2004 3:17 PM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: Correct Error on Initiative Dear Council Members: I would like to voice my support for the council using its power to correct the error on the Initiative presented by The Small City Preservation Committee. I am unable to attend the meeting scheduled for June 2, 2004, but would like you to know how I feel. I believe it is important that this issue be addressed by the voters of the community and it should be on the ballot for this November's election. Thank you very much, Julie Cantrell 726 Dorchester Circle Lodi, CA 95240 6/1/2004 Jennifer Perrin From: Marjorie J. Tiernan [mjtiernan@gotnet.net] Sent: Tuesday, June 01, 2004 1:49 PM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land Subject: initiative Please correct the error on the initiative (re super center) and save the city dollars. Thank you, Marjorie J. Tiernan 1145 Junewood Dr. Lodi, 95242 Page 1 of 2 Jennifer Perrin From: Susan Blackston Sent: Tuesday, June 01, 2004 11:10 AM To: 'Evan Stone' Cc: City Council; Dixon Flynn; Rad Bartlam; Steve Schwabauer Subject: RE: Growth Limits Dear Evan Stone: This reply is to confirm that your message was received by the City Clerks Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Susan J. Blackston, City Clerk ---Original Message ----- From: Evan Stone[mailto:EStone@netmansolutions.net] Sent: Tuesday, June 01, 2004 11:04 AM To: John Beckman; Susan Blackston; Larry Hansen; Susan Hitchcock; Emily Howard; Keith Land Subject: Growth Limits Esteemed Council Members; After months of listening and reading about growth issues in the City of Lodi, particularly the building of the WalMart super Center, I feel it's time to add my two -cents to the debate. My greatest concern at this point is not whether the Super Center is built or not, it is the potential for our City to become like the state and federal governments, where decisions end up being made at the judicial level, by one person or a very small group of officials, whose job is to uphold and enforce the law, not interpret it. As much as I appreciate the need for citizen input on issues such as this, we have elected you to make these decisions for us. I don't need to remind you that we live in a Democratic Republic, thereby eliminating the need for votes by the people on every issue that comes up. For the people of Lodi to decide to place a limit on the size of retail establishments in the year 2004 would be a mistake, simply because, inevitably, in the year 2008, or 2010, or somewhere down the road, the numbers just won't make sense anymore. Then we end up with lawsuits that place the issue in the hands of judges who frankly, should have no say in the matter. I encourage you to gather as much input from the citizens and business people of Lodi as possible, and then make a decision base solely on this issue. Not whether a limit should be applied, but whether building a WalMart Super Center is best for the community. And then evaluate each successive project on it's own merits. We've seen already how limits can create problems for other businesses such as car dealerships. Let's not dig ourselves a hole that we can't get ourselves out of in the future. Again, we've elected officials to make these kind of decisions for us. Between the Council and the Planning Commission, there is enough intellectual prowess to make a good, solid decision that the citizens of Lodi can live with. Respectfully, 6/1/2004 Page 2 of 2 Evan Stone 1928 Millbrook Dr. Lodi, CA 95242 6/1/2004 Page 1 of 1 ?0D4 Rf ce/ I•/ED C, 48�/ Mayor Hansen & City Council; C/2 -yr CZ OF ,. EA I am not in favor of a lot of big box business but we are building and building new hoes and big boxes will come. I feel that the Wal- Mart Supercenter is not a bad idea, why shouldn't we get the revenue from it? I personally don't shop at one store (grocery. hardware, ect} I shop where it is convenient. Stop and think there are plans in the works to build approximately 1700 new homes to the south of the proposed Supercenter Building these homes is going to increase the traffic by at least 1700 cars a day plus increase the overcrowding of our schools, If you want to build more homes then build some SENIOR apartments that will rent based on their income. Two main reasons for this is our seniors need places where they can live within their income, these homes shouldn't increase the amount of cars that much plus help our schools to provide good education without overcrowding. Thank you for taking the time to read this; Sincerely; Cheryl Nitschke 532 Louie Ave. Lodi 339-9327 c(-WXe , I �///� file://C:\WINDOWS\Application%20Data\IM\Runtime\Letter\BA285063-5BCE-11 D4-AF8D... 6/1/04 Page 1 of 3 Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 10:34 AM To: 'Solo Sales' Cc: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard; Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: Wal-Mart Dear Jon withers: This reply is to confirm that your message was received by the City Clerk's office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: Solo Sales [mailto:solosales@softcom.net] Sent: Monday, May 31, 2004 5:57 PM To: editor@lodinews.com Cc: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Howar@lodi.go Subject: Wal-Mart Importance: High May 31, 2004 Open letter to the Lodi City Council A mailer recently was in my mail box from someone calling themselves "The Small City Preservation Committee", I had two immediate reactions: the first anger at such a Threat; next a fear of the ability of groups such as this that presumed power enough to use terror (of financial diminishment) as a weapon. I assume this was a blanket mailing, however, if you were fortunate enough not to be sent one I will paraphrase the message which stated their petitions were now worthless and they wanted the residents to call the City Council members and ask them to pull the groups chestnuts out of the fire and if we did not then they would call a special election at a cost of "almost $100,000.00" to the city. 6/1/2004 Page 2 of 3 Sounds to me like a page out of a terrorists handbook rather than a "group?" trying to preserve Lodi.. As there was no time to respond to this group, whose only contact given is a Woodbridge Post Office box, I decided to see if anything was on the internet. I urge every Council person to do the same before making any decisions. I did find identical verbiage to some recent letters to the Sentinel (i.e. S. F. Chronicle 10/23/03 article by Ruth Rosin). Searching further I found that there is a possibility that the grocers union in California has orchestrated this whole protest. What I would like the Council and Citizens to also consider is the fact that every sixth person living in Lodi does so below the poverty level. (17.7 % of the population. see 2002 census figures). I think this large contingent of residents need be considered in this Decision. I also would like the City Council to be sure of the motivations of any rump groups trying to direct the future of Lodi and trying to by-pass due process through political pressure. Normally "Committees" are appointed. What vested authority appointed this one? Caution and clean hands need to be your guide lines, not smoke and emotion I would also like to point out the we citizens have been subjected to a lot of inaccurate, twisted information. I offer as example of Wal-Mart Super Centers pushing the Mom and Pop stores out of business.. That was already accomplished by corporate such as Safeway (1,830 stores,). long ago. Albertson's (2300 stores), Kroger's, who have Food4Less, Fry's and Ralph's and is so big that they boast that one of their enterprises is in every neighborhood. Even newcomer, Raley's has 130 stores that stretch into New Mexico No doubt Wal-Mart is big, however a union with 250,000 members in California is also AH EI Page 3 of 3 It looks like the City is a pawn in a big power struggle and we need to check it out before we accede. I certainly don't know any answers and the only fact I know is I am not sure that I am being supplied truthful information and I don't think you as a Council are in any better shape. Jon Withers 2448 Corbin Lane Lodi, CA 95242 334-5040 6/1/2004 Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 8:29 AM To: 'Marcia Savage'; Emily Howard; Keith Land; Susan Hitchcock; John Beckman; Larry Hansen Cc: Dixon Flynn; Janet Keeler; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: Wal-Mart Welfare Dear Marcia Savage: This reply is to confirm that your message was received by the City Clerk's office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: Marcia Savage [mailto:msl599@comcast.net] Sent: Tuesday, June 01, 2004 7:33 AM To: Emily Howard; Keith Land; Susan Hitchcock; John Beckman; Larry Hansen Subject: Wal-Mart Welfare Thank you all for your attention to this issue. Marcia Savage Lodi Wal-Mart Welfare David Sirota, Christy Harvey and Judd Legum, The Progress Report May 28, 2004 Viewed on June 1, 2004 A new report [PDF] released from Good Jobs First this week shows that Wal-Mart, the world's largest retailer, has received more than $1 billion in economic development subsidies from states for its stores and distribution centers. The subsidies have come as many states are forced by White House tax cuts and reductions in federal grants to make tough budget decisions. A report by the Center on Budget and Policy Priorities shows states are cutting subsidies for publicly funded health insurance, child care, federal employment, both higher and lower education, and programs aimed at public safety and people with disabilities -- all this while ponying up taxpayer dollars to subsidize a retailer that took in more than $200 billion in revenue and netted nearly $9 billion in profits last year, even as it paid workers near - poverty wages, drove out local businesses and violated environmental regulations. A key justification for corporate subsidies is the idea that a large project will expand overall business in an area; Wal- Mart executives tout their stores as a positive economic force in the community. But the Good Jobs First report argues that, unlike factories which add jobs and export products outside the region, big chain retailers like Wal-Mart "do little more than take revenues away from existing merchants and may put them out of business and leave their workers unemployed. It's quite possible that a new Wal-Mart will destroy as many (or more) jobs than it creates." And "since many Wal-Mart [jobs] are lower -paying and part-time, they will do less to stimulate the economy." Philip Mattera, research director of Good Jobs First, says Wal -Mart's "negative effect on small businesses in the communities where it locates and its contribution to urban sprawl and traffic raise serious questions about the value of giving it sizable financial incentives to expand." A new USAction report highlights Wal-Mart as a leading advocate for new legislation "designed to kill the use of class action lawsuits, which have resulted in decisions that... provide refunds to consumers and others injured by corporate wrongdoing." The legislation would move class action lawsuits out of state courts, where they have been historically more likely to be successful, and into "defendant -friendly federal courts." The reason Wal-Mart is so excited about the legislation? According to legal analysts, "Wal-Mart is sued more often than any American entity except the U.S. government." The report points out courts in four states have recently certified class action lawsuits involving over 330,000 workers. "By contrast, three federal courts have declined to certify class actions against Wal-Mart for unpaid worker hours." The company's effort to stop workers from challenging their abuses has at least one high-profile backer: Vice President Dick Cheney. In a visit to Wal -Mart's headquarters last month, he trumpeted "litigation reform" as the way to cure America's economic ills. The Chicago Tribune reports the Windy City has become the newest front "in a sprawling North American struggle between a behemoth company and a union fearful for its future." As Wal-Mart spokespersons take to the streets to convince Chicagoans that two new stores will "'raise the standard of living' for Chicago's working class," a loose coalition of local aldermen and organized labor is "calling up all available manpower to make its case before the City Council's expected decision Wednesday on whether to grant zoning approvals to Wal-Mart for the stores." The 1.3 million-member United Food and Commercial Workers union (UFCW) is leading the battle, charging "the retailer's low- wage ways will encourage other businesses to follow suit, to the detriment of millions of workers, both union and non- union." The UFCW's fears are justified: in Southern California, the news that 40 Wal-Mart superstores would be opening in the area caused a Supermarket Strike when three chains announced they "had no choice but to cut pay and benefits drastically." The UFCW, Commercial Workers Union and other Wal-Mart critics in Chicago have presented Wal-Mart with a Community Benefits Agreement that would legally bind the corporation to a dozen demands, under penalty of fines. The demands include "Allowing employees to form a union and agreeing to permanently forgo tax breaks or other government subsidies in Chicago," as detailed in the Good Jobs First Report. So far, Wal-Mart executives have refused to sign. © 2004 Independent Media Institute. All rights reserved. Go Back Los Angeles Times: Wal-Mart Can Attract Revenue -- and Crime Page 1 of 4 Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 8:27 AM To: 'marcia'; Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bar lam; Susan Blackston Subject: RE: Wal-Mart Can Attract Revenue -- and Crime Dear Marcia Savage: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: marcia [mailto:msl599@comcast.net] Sent: Sunday, May 30, 2004 8:21 AM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: Wal-Mart Can Attract Revenue -- and Crime Mayor Hansen, Vice -Mayor Beckman, Council Members Hitchcock, Land and Howard. I guess there is always a good side and bad side to everything. Thank you for reading this. Marcia Savage 316 E. Elm St. Lodi latimes.com http://www.latimes.com/news/nationworld/nation/la-adna-walmart30may3O, l,4079673.story? coll=la-headlines-nation THE NATION Wal-Mart Can Attract Revenue -- and Crime Some small police forces find that the giant retailer can be a magnet for DUIs, shoplifting and other illegal acts. By Alexandria Sage Associated Press Writer May 30, 2004 6/1/2004 Los Angeles Times: Wal-Mart Can Attract Revenue -- and Crime Page 2 of 4 HARRIS MLLE, Utah —For the tiny police force in this bedroom community, the south end of town never caused much bother. Horses grazed in the green pastures, and for years, two solitary bars provided the only late-night distractions for those who needed something to do. That was before early 2001, when Wal-Mart opened a 24-hour Supercenter that swallowed all 212,000 square feet of rural fields. Since then, police in Harrisville, population 4,000, about 45 miles north of Salt Lake City, have been forced to confront big -city realities. The most serious incident happened in the store in January, when an officer shot and wounded a man who pointed a fake gun at him. As the world's largest retailer puts its stamp on rural communities, some towns are discovering that while the 24-hour big -box store may bring financial benefits, they go hand in hand with an unintended consequence: the increased burden on law enforcement. In three years, calls to Harrisville police jumped by a third. The department hired two more officers — bringing the total to six — and the court schedule was extended to allow the city prosecutor time to negotiate pleas. Wal -Mart's vast parking lot, where more than half the investigations for driving under the influence originate, is patrolled overnight. Drug DUI arrests outnumber those involving alcohol more than 2 to 1. "Our DUIs skyrocketed. It just went through the roof," Officer Nate Thompson said on a Friday night when more than 100 cars remained in the parking lot after midnight. The problem is apparent 15 miles away in Clinton, a town of 18,000 whose size nearly doubles each day because of the Supercenter, one of Wal -Mart's 19 discount store -supermarket hybrids in Utah and 1,400 nationwide. "You just about name it," Police Chief Bill Chilson said. "Shoplifting, fraud scams; we've had DUI, traffic accidents, medical situations. We haven't had any shootings yet." There was even a domestic violence arrest after the store's surveillance cameras captured a man punching his wife. Before Wal-Mart opened, Chilson asked neighboring police what to expect. "They laughed at me," he recalled. A judge from another town asked him: "Have you been Wal-Mart-ized yet?" before recounting how his courtroom had been "inundated" by crimes originating at the store. In some towns nationwide, law enforcement agencies have even opened substations in the store to better respond to the increased activity. The Bentonville, Ark. -based retailer says it works closely with police on crime -prevention measures, including staff training and community outreach. Each store has undercover security, many of them former officers. A representative denied that Wal-Mart brings increased crime and attributed any extra police r1lH IIZIEI Los Angeles Times: Wal-Mart Can Attract Revenue -- and Crime Page 3 of 4 calls to the store's aggressive policy toward shoplifters. "You're going to see an increase in reporting of shoplifting calls and that goes back to our policy of zero tolerance," spokeswoman Sharon Weber said. Wal-Mart is a "social gathering place," but it's unfair to blame the store for the actions of a few, she said. "We trust that our customers will be responsible and polite, and for the most part, we have wonderful customers who do that." Although the stores have been criticized for attracting traffic, creating low-wage jobs and destroying neighboring businesses, the effects on local police have drawn little attention. "Within the last few years, we've seen a growing number of towns around the country that accept this kind of big -box sprawl and discover afterward that they're really quite costly from a public service standpoint," namely policing and roads, said Stacy Mitchell, a senior researcher with the Minneapolis-based Institute for Local Self -Reliance, a nonprofit research and educational organization. Wal-Mart attracts loiterers with nothing better to do, some critics say. "Kids are just plain bored — they find more things to do there," said Alice Brando, a clerk for the Lakewood-Busti Police Department in western New York's Chautauqua County. "It's obvious that it's going to add more calls, more people, more traffic, more accidents. I mean, it doesn't take anyone in law enforcement to figure that out," said Sheriff Eddie Cathey of Union County, N.C., who planned to address the issue at a county planning board meeting. Chief John Slauch of the West Sadsbury Township Police Department in rural Pennsylvania made his own observations after Wal-Mart became the anchor store in a new development in 2002. "We saw a significant increase in crime and incident calls for service from the day Wal-Mart opened," he said. Misdemeanor crimes jumped 55% from 2001 to 2003; calls for service increased 57% from 2002 to 2003. Municipal taxes don't cover the extra costs incurred by the eight -member police force, Slauch said. "I really don't think Wal-Mart is concerned with what happens on the local level; they're concerned with how much money they're making," he said. "They're not looking at the burden they're creating." But the problem is not felt everywhere. The majority of the more than 30 small to mid-sized agencies around the country interviewed said they were able to effectively handle the extra workload that Wal-Mart brought. Six reported no corresponding crime spike and only negligible increases in calls to police. Overwhelmingly, police chiefs defended Wal-Mart as an asset that helped law enforcement. 6/1/2004 Los Angeles Times: Wal-Mart Can Attract Revenue -- and Crime Page 4 of 4 They said it provided full access and information for investigations and grants to fund police projects — to say nothing of the tax benefits to the city. "Thank goodness for Wal-Mart, that's all I can say,„ Harrisville Mayor Fred Oates said. "Any mayor in the United States who had the opportunity would be glad to have a Wal-Mart.” Harrisville earns about $60,000 in monthly sales taxes from Wal-Mart, Oates estimated. That figure will jump 40% after an access road to the store is paid for out of sales tax revenue this year. Thompson and Police Chief Max Jackson also defend Wal-Mart as "good partners." The store donated funds for a bike patrol program, firearms, computers in patrol cars, and training materials and equipment. Still, Jackson recognizes the significant effect it has on small police agencies, and intends to discuss it at the next board meeting of the National Center for Rural Law Enforcement. As for Thompson, the added work produced an unexpected bonus. In 2002, he was named Utah Peace Officers Assn. officer of the year. "It was based on the amount of arrests I made — basically because of Wal-Mart." If you want other stories on this topic, search the Archives at latimes.com/archives. n run Article licensing and reprint options Copyright 2004 Los Angeles Times 6/1/2004 Page I of 2 Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 8:17 AM To: 'LBENANDCAROLYN@aol.com'; Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: INITIATIVE ON RETAIL BUSINESS SIZE LIMITS Dear Ben & Carolyn Sanacore: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk 6/1/2004 -----Original Message ----- From: LBENANDCAROLYN@aol.com [mailto:LBENANDCAROLYN@aol.com] Sent: Monday, May 31, 2004 10:40 AM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: INITIATIVE ON RETAIL BUSINESS SIZE LIMITS 2324 W. Tokay Street Lodi, CA 95242-3600 (209)368-6725 May 31, 2004 Lodi City Representatives (Mayor & Council) City of Lodi Lodi, CA Dear Lodi Representative: We have been following the developments regarding the issue of retail business size limits in Lodi for quite some time now. It is very clear that this issue is important not only to us but the rest of the community, and all voters in Lodi deserve to be heard on the issue. At a time when government budgets are extremely thin, we are now VERY CONCERNED that an expensive special election may be needed to correct an oversight in the drafting of a ballot initiative on retail business size limits. If the city council may intervene to work with the Small City Preservation Committee to help place an improved initiative on the November ballot and avoid the additional expense of a special election, then we VERY MUCH urge you to do so. Lodi, like many other communities across the country, stands at the crossroads on how it wants to live in the future. We encourage you to be instruments of democracy and allow the people to be heard, regardless of their position on the issue and in a cost effective manner. Thank you for your service to our community and your attention on this crucial issue. Very truly yours, Ben & Carolyn Sanacore Home Owners and Residents of Wonderful Lodi 6/1/2004 Page 2 of 2 Page 1 of 1 Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 8:14 AM To: 'kdschimke@netbos.com' Cc: City Council; Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: FW: Superstore Dear Terry Schimke: This reply is to confirm that your message was received by the City Clerk's office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: kdschimke [mailto:kdschimke@netbos.com] Sent: Sunday, May 30, 2004 4:12 PM To: Larry Hansen; John Beckman; Susan Hitchcock; Keith Land; Emily Howard Subject: Superstore 6/1/2004 May 30, 2004 Dear City Council Members, I recently received a notice in the mail from "The Small City Preservation Committee" and would like to voice my opinion on this matter. I am very much in favor of having a Wal-Mart Superstore in Lodi. First of all, I see the revenue that the Superstore will bring to the City. If Lodi doesn't allow it to be built in the City, like William Harris stated in his letter to the Editor in the May 26th edition of the Lodi News Sentinel, they will build it elsewhere and who will get the revenue then? Plus the City could possible lose the revenue they currently are receiving. I have family that lives in Stockton who travels to Lodi to shop at Wal-Mart. Second, they say they are concerned about the little guy. No one seems to be concerned about the Mom & Pop Hispanic stores located on the Eastside. We have numerous, but no one is trying to stop the new "bigger" market on Cherokee Lane. Oh, this is the Eastside! Third, I've thought for along time why is everyone fighting over the corners on Lower Sacramento Road. First it was Lowe's and now Wal-Mart, but saying nothing about the "Big" dealerships to spring up east of Hwy 99. I drive past the future home of Plummer Pontiac twice a day. You don't think that isn't congestion waiting to happen. It's hard enough in the mornings now driving Kettleman Lane from Wells to Cherokee, can you imagine what it will be like then? Oh, this is the Eastside! But to me that is progress. We are no longer in the horse n' buggy days. Lodi isn't a "Small" town any longer. Where were these "concerned" citizens when we had the Mom & Pop stores (corner of Pine & Church, North Church St., Locust St. & Hutchins, Sell -Rite and Top Valu) to stop Raley's, S -Mart, Bigger Safeway and Albertson's? Not to mention the Big Warehouses (Mondavi & Vaz) on the Eastside. Oh, again something on the Eastside that no one was concerned with size. But the "Big" stores on those corners are sure bother people. Several people are trying to find fault, whether it be the daytime stocking or the "For Sale" vehicles to the employee training. No matter what business you go into if you want to find something to complain about you can. Look how long it took the City to resolve the "For Sale" vehicles on the public streets. Wal-Mart plays an important part in our community not only for shopping, but what they give back to the community. I'm on the Committee for Lodi Relay for Life, which will be held on June 5t' and 6t' at Lodi High. Wal-Mart has contributed $3,500 to this cause and will have two teams out there with each member collecting donations. They also have donated numerous other items. Has any other retailer provided this much support for this cause in the last two years that it has been held? NO. The Store Manager, Mike Folkner, spent the full 24 hours out there last year and plans on doing the same this year. This is just one example of how Wal-Mart has contributed to the community. The citizens of Lodi and the surround area must like Wal-Mart, because no matter what time I'm in there it's busy. Please stop and think hard about this before you say "NO" to a Superstore Terry Schimke Jennifer Perrin From: Jennifer Perrin Sent: Tuesday, June 01, 2004 8:09 AM To: 'Martin Church'; Keith Land; Emily Howard; Susan Hitchcock; Larry Hansen; John Beckman Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Rad Bartlam; Susan Blackston Subject: RE: Attempt to Place Restrictions on the "Free Enterprise" System of America Dear Martin L. Church: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Community Development. Thank you for expressing your views. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: Martin Church [mailto:church@softcom.net] Sent: Monday, May 31, 2004 8:24 PM To: Keith Land; Emily Howard; Susan Hitchcock; Larry Hansen; John Beckman Subject: Attempt to Place Restrictions on the "Free Enterprise" System of America Members of the Lodi City Council: Mayor Larry Hansen Vice Mayor John Beckman Councilperson Susan Hitchcock Councilperson Keith Land Councilperson Emily Howard Reference to the half page advertisement in the Lodi News -Sentinel, page 11 on Saturday, May 29, 2004. I am neither for nor am I against the "Super Wal-Mart" under consideration for the City of Lodi. However, I am totally against the Small City Preservation Committee asking the Lodi City Council for intervention to correct/or change their ill conceived petition. This demonstrates that this group is only against "Wal-Mart" building a larger store. They have already admitted their biases by stating that their "OVERSIGHT" would also affect car dealerships. If they truly believed that very large businesses are detrimental to what has been called, "Loveable, Livable, Lodi", they would be against "ANY" large business enterprise, including car dealerships and would want to limit "ALL" businesses to a predetermined size. This approach is totally un-American. America's greatness was founded on the success of the "Free Enterprise" System. The business world is certainly changing as it has from the early days of America, the only difference is the speed modern technology has added to the process. Entrepreneurs have ventured out into the business world seeking their fortunes and willing to take the risks associated with their ventures. Some have been great successes while others have failed and this will always be the case in our competitive market places. Those willing to take the risks should not be limited by a "FEW", who appear to be disgruntled citizens wanting to "IMPOSE" their biased wills on the size of any business wanting to do business in Lodi. As former President Truman once said, "If you can not stand the heat, get out of the kitchen." This statement is equally applicable to the American business world. While I support their right to petition for change, I do not support their request for the City Council of Lodi to intervene in the process that they have undertaken. The very nature of this group asking only to limit the size a one specific business demonstrates their desire to be "Dictators of Those in Business". Further, for this group to seek intervention by the governing body of Lodi, to correct their "OVERSIGHT" further indicates that their plan was only conceived as an "ANTI-WAL-MART" concept. In view of the obvious hostilities this group has toward one specific business, please do not provide them with any assistance in "Correcting", what they are calling an "OVERSIGHT." Their request appear to be nothing more than an attempt to gain, what is perceived to be, a favorable official endorsement from the Lodi City Council. This is nothing more than "Socialism" at work to dilute a Democracy that has succeeded for over 2 centuries, based on the free enterprise system. Please do not set a precedence by becoming involved with this ill conceived petition. Sincerely, Martin L. Church BS in Business Management 369-7381 2 W . 75 O 7s cn 4-4O O LOW u O O � ct cn �+ O bIJ ^ ct U U O c • I HOW- ct O ct cn r-, ct ct O r_ O ^ ik ' u un N O 0 RECEIVED JUN u 2 2004 City .Clerk —CIV of Lodi BUSI wwwlodicharnber.com June, Meet With Lodi Business Owners And have a lot fun doing so! FRIDAY, July 23'd ... Save that Date! The Chamber's Member BBQ & Business Showcase is moving from the hot streets of downtown to the cool shade of Micke Grove. The last three Chamber BBQs have had 500 to 600 business people in attendance. The Chamber will send out 2 tickets to you, addi- tional tickets for employees their spouse / significant other can be purchased for $10. This price in- cludes a parking fee for the county. The price also includes a "pitch til you win" meal including Lockeford sausage, Miller Hot Dogs, Ham- burgers, lots of salads, etc., etc. Yes we will have great live music, lots of it. In fact there is exciting news about this music, but we can't say at this time. Check next month's Lodi Business. The BBQ has been combined with the Business Showcase, formerly ee eet ontinue on page CITY CLERK'S NOTE: The highlighted article pertains to Item I-4 on the June 2, 2004 Council agenda. Your No Cost New Customer Program Have you signed up in the Chamber's Member -to -Member discount program yeti' We will be launching it in just a few weeks. Think of it as a NEW customer gen- eration program, anybody need new customers? Sure we all do. Follow along with this logic. The Lodi Chamber has over 750 members and more are joining everyday. Most of those businesses have employees, some quite a few. Add the member employees all up and the number is in the thou- sands! Each one of those employ- ees will be given a Members Only Discount Card because their em- ployer is a Chamber member in good standing. When the em- ployee shows the card to a partici- pating Chamber member, the employee will receive the stated discount, which is why they came to the store ... maybe for the first time, or instead of the competition's store or business. bee New Continue on page W Stars On -Line page 2 N Relay for Life page 6 Z New Members page. 7 Please, City Council... Just say NO! The Small Town Preservation Com- mittee is putting "it" back in the City Council's lap. "It is the hot potato of anti -super -sized retail. The flawed initiative written by the group, at first did not include the very 55 acres of zoned Shopping Center parcel the measure seeks to block... cops! After saying no to Council's help on a redraft, the group cops... again by learning their measure would quite negatively impact auto dealerships wanting to expand or build new. Seems their measure includes selling from one's own parking lot, a real no -no in their eyes. At the most recent Council meeting the Chamber pointed out that if the Council decides to "fix it" for the group, meaning rewrite the initiative and then Council place it on the November ballot themselves. The Council needs to be ygry specific in their own re- draft. See bay NU Cor—finuedon page Workers Comp Corner page 4 Chamber Anniversaries page 7 June Calendar page 8 June, 2004 l Stars The first 15 STAR (Students Tr and Ready), graduating students are looking for work. They all have completed special training in ethics, social / relational skills, extra math and computer troining, communication skills, goal setting and working on a team. Over and above these they have had 95% attendance, and have had an intern work experience. A 3 -person panel of chamber business folks interviewed each STAR. We want to thank Steve Templeman, Lodi Industrial Group, Becka Schumacher of Delta Radiology, Judy Simon of Lodi Memorial Hospital, and James McKeon of Lodi Primary Care. After successfully completing all the requirements, including the interview the STARS were awarded are On -Line ained a certificate from the Chamber. Meet Continued from page 1 held in May. We are going to have at least 50 businesses on display, showcasing their products, goods or services. Many of them, if not all will have a door -prize draw- ing for a gift basket, or something from their business. So, you could be a big winner quite easily, not to mention have a great time with a whole lot of great people. To have a display at the Showcase, contact the Chamber. Showcase display areas will be sold by: the 1/2 table for $50 and a whole 8 -ft. table for $85. If you have a large panel display, like those used at trade shows, bring it and remem- berit's a BBQ, so dress for a com- fortable evening. Again, the event is at the Delta Pavilion out at Micke Grove Park, Friday, July 23rd. We will start serv- ing dinner at 6:00 pm, and have a good time until 9:00 when the park closes. Each business mem- ber will receive TWO tickets, at no charge. For additional tickets ($10 each), or information on how you can display your business at the BBQ / Showcase call the Chamber office, 367-7840 x100. This year all 15 STARS were female and all seeking positions in Health Care. The STARS appear on the chamber website at www.lodichomber.com Click on the JOBS button and the STARS page will pop-up. Health Care employers looking for an entry-level front office or back office Medical Assistant look no further. We have the cream of the crop waiting for you at our website. Remember these are people who are serious about getting a good job. They have made it all the way through the process, they are STARS... don't miss them. For more information call Pat at the Chamber office, 367-7840 x104. Say NO Continued from page 1 If the group's rewritten initiative does exclude auto dealerships but not furniture stores, feed stores and drug stores, and who knows what else might crop up in the fu- ture? Isn't that discrimination? All of these are sizeable retail con- cerns whose expansion + parking lot sales or like type merchandis- ing might exceed the 125,000 square foot limit. We insist the City Council exclude all businesses that could be restrained unfairly. The chair of the Small Town Commit- tee was quoted in the News Sen- tinel after learning of the hardship placed on auto dealerships said, "Honestly, we weren't thinking that car dealerships would be affected. Our concern is preserving local business." We're quite sure the statement is true, they honestly weren't think- ing. Certainly not about the nega- tive impact on other Lodi busi- nesses. From all indications they still aren't. They are seeking to dictate outdoor merchandising re- strictions as well as the size of large retail. What else would they like to change about the way some of us do business? Who knows? Who are these people? What have they done to BUILD the com- munity? How much has their group given to charity? How much has this group cost the city already in lost sales tax by slowing devel- opment like the Lowes project, and potentially the Wal-Mart project? What business thinking of coming to Lodi is going to go to the politi- cal cost and trouble to launch an election before they even buy the ground? Plus if this small group forces a special election, add an- other $100,000+ to taxpayer's cost of the small committee trying to stop economic growth in Lodi. Why does the City Council put up with this? The entire city elected the Council to weigh factors and make deci- sions; we encourage them to do so in this matter. Don't be the Council that gives Lodi an anti - business reputation to the outside world. But if you do decide to re- write the small group's work ... be so specific in rewriting the initia- tive that no type of merchant's business be unfairly restrained ex- cept for one very big one. Is that discrimination? If so, Lodi may need to hire more lawyers. CHAMBER STAFF Pat Patrick President/CEO Marilyn Storey Director of Operations Sandi Somers Administrative Assistant Ray Crow Administrative Services Lodi Business (USPS 123-410) is the official publication of the Lodi District Chamber of Commerce, 35 S. School Street, Lodi, CA 95240. (209)367- 7840. Published twelve times each year. Periodical Postmaster Postage Paid of Lodi, CA. Postmaster: Forwarding and Address Correction Requested to Lodi Business, 35 S. School Street, Lodi, CA 95240; $15 annual subscription. Additional Entry: Business Mail Entry, 3131 Arch Airport Rd., Stockton, CA 95213-9840 , June, 2004